CJEU, 5th chamber, October 13, 2011, No C-454/09
COURT OF JUSTICE OF THE EUROPEAN UNION
Judgment
PARTIES
Demandeur :
European Commission
Défendeur :
Italian Republic
Judgment of the Court (Fifth Chamber) of 13 October 2011 — European Commission v Italian Republic
(Case C-454/09) (1)
(Failure of a Member State to fulfil obligations - State aid - Aid for New Interline SpA - Recovery)
2011/C 355/05
Language of the case: Italian
Parties
Applicant: European Commission (represented by: E. Righini, B. Stromsky and D. Grespan, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieir, acting as Agent, P. Gentili and B. Tidore, avvocati dello Stato)
Re:
Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Articles 2, 3 and 4 of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06) implemented by Italy for New Interline (notified under document number C(2008) 1321)
Operative part of the judgment
The Court:
1. | Declares that, by failing to adopt, within the prescribed period, all the measures necessary to ensure implementation of Commission Decision 2008/697/EC of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline, the Italian Republic has failed to fulfil its obligations under the fourth paragraph of Article 249 EC and Articles 2 and 3 of that decision; |
2. | Orders the Italian Republic to pay the costs. |
(1) OJ C 24, 30.1.2010.